Policy Document A230/11/15/FCA _Bennetts_Policy Document_S5.indd 2 18/12/ :46

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Policy Document

Bennetts is a trading name of Bennetts Biking Services Limited. Registered in England (No. 9028554). Registered Office: Enbrook Park, Sandgate, Folkestone, Kent CT20 3SE. Authorised and regulated by the Financial Conduct Authority.

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WELCOME

TO BENNETTS

*Terms & Conditions apply; please see Section 5 of the Policy Document for more details. Thank you for insuring through Bennetts.

To ensure that you get the most from your time on the road with as little restriction as possible, we have included European Cover for up to 90 days per year*_{as standard,}

should you wish to take your bike on an overseas holiday. Here at Bennetts, we understand the importance of a top quality claims service – after all, that’s why you have insurance. Our dedicated bike claims team provide a high quality claims service. And we make sure that we are there for you when you need us the most, so our claims service is available to you 24 hours a day, 7 days a week. What’s more, all our call centres are based in the UK.

We are pleased that you have arranged to insure your bike through us and we look forward to keeping you well covered for many years to come.

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REPORTING AN INCIDENT

If you have been involved in an accident, or your bike has been stolen or damaged, you can call our helpline, 24 hours a day, on 0800 975 9166.

We appreciate experiencing an accident or theft can be both distressing and inconvenient; our specialist teams are in place to guide you through the process. We will capture the information while you are on the phone and provide you with support and advice in respect of the next steps.

Help us help you

After a road accident you should, where possible, do the following: • call our helpline to report the details on 0330 018 9166 • obtain details of any third parties involved

• obtain witness information

• go to the hospital or your GP if you are injured. Do not:

• admit or discuss responsibility with anyone involved in the road accident • contact the other parties’ insurance brokers or insurers

• allow the other person to repair your bike.

For more information on how to make a claim please refer to Section 8 “Making a claim”.

INFORMATION YOU GIVE US

You are required by the provisions of the Consumer Insurance (Disclosure and Representations) Act 2012 to take care to supply accurate and complete answers to all the questions in the application form and to make sure that all information supplied to us is true and correct. This also applies when we contact you at the renewal of your policy, or if you wish to make any changes to your policy during the period of insurance. You must tell us of any changes to the answers you have given as soon as possible. Failure to advise us of a change to your answers may mean that your policy is invalid and that it does not operate in the event of a claim.

If you do not answer questions truthfully and accurately, then this may affect your policy cover. In the event that you have supplied us with information which is deliberately incorrect or false the insurer reserves the right to declare your policy invalid and void your cover, with no refund of premium. In the event that you have made a claim, the insurer will not be liable to make any payment and may seek to recover sums paid to you or on your behalf in respect of any earlier claim under the policy.

This policy is for private individuals only and does not provide any cover for bikes used or kept in relation to commercial purposes.

DEFINITIONS RELATING TO YOUR POLICY

To save lengthy repetition, wherever the following words or phrases are bold and used in your policy, they will have the precise meanings described below. These definitions only apply to the standard policy and not to the additional policy options which have their own definitions: Accessories

Additional or supplementary parts that are not directly related to the function of your bike and are easily removable. These include but are not limited to tank bags or satellite navigation systems.

Bike

Any mechanically propelled two wheeled vehicle with or without a sidecar or trailer attached (a three wheeled vehicle having two wheels on one axle where the centres of the points of contact of such wheels and the ground are less than 18 inches apart shall also be classed as a bike) as named on your certificate of insurance

Certificate of Motor Insurance

A document that shows you have the motor insurance necessary to comply with the Road Traffic Act. It shows who can ride your bike, what purposes it can be used for and whether you are permitted to ride other bikes. The certificate of motor insurance does not, however, indicate the full policy cover and for this you need to refer to the main text of this policy booklet.

Endorsement

A term that alters your insurance policy or may require you to take action such as fitting approved security. Certain endorsements may apply to this policy which will be shown on your policy schedule. These must be read in conjunction with this policy.

Excess

The amount of any claim you will have to pay if your bike is lost, stolen or damaged. Fire

Fire, self-ignition, lightning, explosion. Insurer

The Insurance Company or Lloyd’s Syndicate whose name/s is/are specified on the certificate of motor insurance.

Market Value

The cost of replacing your bike with another bike of the same make, specification, model, age, mileage and condition as your bike immediately before the loss or damage happened. Modifications

Any changes made to the specification of your bike since it was produced that enhance performance, value, appearance or theft appeal.

Period of Insurance

The length of time for which the insurer will insure you and any permitted riders. This is shown in the policy schedule.

Permitted Riders

Any person permitted to ride your bike as described under the section of your certificate of motor insurance headed “Persons or classes of Persons entitled to ride”.

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Policy

The document detailing the endorsements, terms and conditions of your contract of insurance together with the certificate of motor insurance and policy schedule. Policy Schedule

Details of you, your bike and the insurance protection provided to you. Statement of Fact

The document providing details of the information you disclosed to us. UK

England, Scotland, Wales and Northern Ireland. Terrorism

Any loss or damage caused by the use or threatened use of any action, force or violence by any person or group of people whether acting alone, or on behalf of any organisation or government committed for political, religious, ideological or similar purposes, including the intention to influence any government, or to intimidate and/or put in fear the public or any section of the public except as required under the Road Traffic Acts or alternative applicable legislation in the territory in which the loss occurs.

Theft/Attempted Theft

The taking of or any attempt to take your bike without your consent. Territorial Limits

England, Scotland, Wales, Northern Ireland, the Channel Islands and the Isle of Man. We/Us/Our/Bennetts

Bennetts is a trading name of Bennetts Biking Services Limited, company number 9028554 registered in England and Wales. Registered address: Enbrook Park, Sandgate, Folkestone, Kent CT20 3SE.

You/Your/Policyholder

The person described as the policyholder on the certificate of motor insurance.

CONTRACT AND USE

L

aw Applicable to Contract

You and the insurer can choose the law which applies to this policy. The insurer proposes that English Law applies. Unless the insurer and you agree otherwise English Law will apply. Bennetts, on behalf of the insurer, will provide the terms and conditions of this policy for the period of insurance, and any subsequent communication between you and Bennetts, whether verbal or written, in the English language.

The Insurer’s Contract with You

This document gives details of your cover and it should be read along with your statement of fact, policy schedule and certificate of motor insurance. Please take time to read through these documents which contain important information about the details you have given. You should also show your policy to anyone else who is covered under it. For this contract to be valid, all the information that you have given to Bennetts must be true and complete to the best of your knowledge and belief. If you do not do so then your insurance may not protect you in the event of a claim. You are required to update Bennetts with any changes to the information on the statement of fact.

In return for your premium, the insurer will provide the cover shown in your policy for accident, injury, loss or damage that happens within the territorial limits during the period of insurance. The parties to this contract are you and the insurer. Nothing in this contract shall

create any rights to third parties under the Contracts (Rights of Third Parties) Act 1999 and no variation of this contract, nor any supplemental or ancillary agreement, shall create any such rights unless expressly so stated. This does not affect any right or remedy of a third party which exists or is available apart from this Act.

Policy Cover

If the cover shown in the policy schedule is: • Comprehensive - Sections 1 to 7 inclusive apply.

• Third Party Fire and Theft - Section 1 applies only in respect of loss or damage caused directly by fire or theft. Sections 2, 3, 4, 5, 6 and 7 apply.

• Third Party Only - Section 1 is not applicable. Sections 2, 3, 4, 5, 6 and 7 apply. Sections 8 & 9 apply to all covers.

Use

The insurance only covers your bike if it is being used in the way specified on your certificate of motor insurance and/or by any endorsements.

This policy is for private individuals only and does not provide any cover for bikes kept in relation to commercial purposes.

The following uses are not covered:

• dispatch, courier and messenger services, or food delivery

• racing, pace making or being in any contest or speed trial (road safety rallies and treasure hunts will be covered)

• riding on any race track or circuit or de-restricted toll roads or the Nürburgring Nordschleife • trials (apart from where your bike is travelling on a road which the public has access to) • hiring – letting out your bike for a sum of money.

MODIFICATIONS

Modifications are any changes made to the specification of your bike from new, over and above production specification, and enhance performance and/or value. Removable accessories like tank bags or satellite navigation systems are not covered.

Disclosure of Modifications

It is important to declare any modifications not accepted as standard. If you have an accident or your bike is stolen, you need to ensure your modifications are covered under your policy or there is a potential risk that the claim will be repudiated if non-disclosure is identified. What you need to disclose

• Any changes made to the specification of the bike since it was produced and are not described above. For the avoidance of doubt this includes any changes that a dealership or any previous owners have made to your bike from new, over and above standard production specification.

• You will need to tell us if your bike has any modifications or if you are looking to add any modifications to the bike during the period of insurance, unless the modification is accepted as standard (please see the list over the page).

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SECTION 1

Bennetts accept the following modifications as standard – you do not need to tell us about them:

• disability adapted • lights/indicators/mirrors

• air filter changes • scott oilers

• bar ends • screen changes

• braided hoses • seat replacement/changes

• decals/stickers (unless race replica) • seat cowl/single seat units

• grippers • sissy bars (long backrest)

• heated grips • tail tidy

• huggers • tank pads.

What you do not need to disclose

• You do not need to disclose parts listed on our modification list if they are part of your bike’s original specification when it was produced (please see list above).

• Replacement non OEM (Original Equipment Manufacturer) consumable parts unless they increase the performance of the bike. These include, but are not limited to, tyres (as long as these meet the correct speed ratings for the bike), chain and sprockets (as long as the gear ratios remain the same), bulbs, and engine oil, like-for-like replacement parts, i.e. changed as a result of wear and tear or damage.

Modification reinstatement

Bennetts are pleased to offer full reinstatement to market value of any modifications that are declared to us and accepted by us. This cover applies for policyholders with Comprehensive insurance cover and for policyholders that have Third Party Fire and Theft insurance cover who need to make a claim for fire or theft.

LOSS OR DAMAGE

Loss or damage to your bike

Subject to the exceptions set out below and to the general exceptions and general conditions contained in the policy, if your bike is stolen, damaged or destroyed, the insurer will, either: • pay for your bike to be repaired

• or replace your bike

• or pay the amount of the loss or damage. The most the insurer will pay

The most the insurer will pay is your bike’s UK market value at the time of a claim. If the insurance premium has been calculated based on the declared value of your bike, but its market value at the time of a claim is higher, then the insurer will deduct any extra premium required from the cost of the claim.

If your bike is subject to a hire purchase, leasing or credit sale agreement, any payment may at the insurers’ discretion be made to the owner described in that agreement and such payment will fulfil the insurer’s obligation to make any payment under this policy.

Accident Recovery

If your bike is disabled through loss or damage insured under this policy the insurer will pay:

• the reasonable cost of protection and removal to the nearest repairers

• the reasonable cost of delivery to you after repair but not exceeding the reasonable cost of transporting your bike to your address within the territorial limits.

New Bike Replacement

The insurer may replace your bike with a new bike of the same make and specification (subject to availability) if, within 6 months of registration:

• any repair cost or damage covered by the policy exceeds 70% of its list price (including VAT) at the time of purchase

• or your bike is stolen and not recovered. Replacement is subject to:

• you being the first and only registered owner of your bike • the agreement of any interested hire purchase company. Exceptions to Section 1 of Your Policy

Your policy does not cover the following:

• loss of use, wear and tear, depreciation, deterioration

• mechanical, electrical, electronic, computer failures or breakdowns or breakages • damage to tyres caused by braking or by punctures, cuts or bursts

• loss of/or damage to accessories and spare parts

• loss of/or damage to audio, visual and satellite navigation equipment unless this was part of your bike when it was produced by the manufacturer

• the cost of paintwork above the cost of replacing the manufacturer’s standard paintwork unless you disclosed this to us as a modification and it has been accepted by the insurer • repairs or replacements which improve the condition of your bike

• damage due to liquid freezing in the cooling system, unless you have taken reasonable precautions as laid down by the bike manufacturer’s instructions

• loss of/or damage to the bike by someone who gained possession of it by trickery, fraud or deception

• loss resulting from repossession of the bike and returning it to its legal owner

• loss or damage directly occasioned by pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speed

• loss of or damage to helmets and protective clothing • loss of value following repair

• loss of/or damage to your bike or its contents by theft or attempted theft or an

unauthorised person taking it and riding it if it has been; left unlocked; left with the keys in, on or in the immediate proximity of the bike; or reasonable precautions have not been taken to protect it

• the first amount of any claim specified under ‘excess details’ in the policy schedule and within the endorsements

• loss or damage arising from the insured bike being taken or ridden by a person who is not an insured rider but is a member of the policyholder’s family or household, or being taken or ridden by an employee or ex-employee.

• loss or damage caused deliberately by you or any person riding the bike with your permission • any loss or damage from the insured bike being confiscated, disposed of or destroyed by or

under order of any government or public or local authority order.

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SECTION 2 LIABILITY TO THIRD PARTIES

Third party liabilities

Subject to the exceptions set out below and to the general exceptions and general conditions contained in the policy, the insurer will insure you in respect of all sums which you may be required to pay by law arising from death or bodily injury to third parties, or damage to their property as a result of an accident caused by your bike.

The insurer will pay amounts including claimants’ costs that you are legally liable for. Riding other Bikes

Liability under this section is also extended, if specified on your certificate of motor insurance, to insure you to ride any private bike that you do not own and have not hired under a hire purchase or leasing agreement, with Third Party Only cover. Where this extension applies, cover will not apply for:

• use of any private bike without the owner’s permission

• use of a private bike unless there is a current and valid insurance policy in force insuring the owner and registered keeper of the bike

• use to secure the release of any other private bike which has been seized or confiscated by or on behalf of any government or public authority

• use of any private bike if it is not registered within the UK • damage to the bike

• any accident which happens outside the territorial limits

• any named rider(s) on the policy. This benefit, if specified on the certificate of motor insurance, covers the policyholder only.

Liability of other Persons Riding or Using Your Bike

The insurer will also insure the following persons under this section in respect of all sums which they may be required to pay by law arising from death or bodily injury to third parties or damage to their property as a result of an accident caused by your bike or any trailer while it is being towed by your bike:

• any person you give permission to ride your bike provided that your certificate of motor insurance allows that person to ride

• any person you give permission to use (but not ride) your bike provided that your certificate of motor insurance allows such use

• any pillion passenger on your bike or getting on or off your bike • any passenger travelling in or getting into or out of your sidecar. Cover for Legal Personal Representatives

In the event of the death of anyone insured under this section, the insurer will cover their legal personal representatives against any liability of the deceased person to the extent that liability is insured under this section.

Business Use

If your certificate of motor insurance allows business use, the insurer will insure your employer or business partner against the events shown above under Section 2 “Third Party Liabilities” while you are working for that employer or partner, but not while using a bike provided by the employer or partner unless that bike is shown in the policy schedule.

Legal Costs

The insurer at their discretion will pay for:

• legal representatives appointed by the insurer if anyone insured under this section is represented at a coroner’s inquest or fatal accident inquiry or is defending any proceedings in a court of summary jurisdiction

• legal services arranged by the insurer up to an amount not exceeding £1000 to defend anyone the insurer insures under this section in the event of proceedings being taken for manslaughter or reckless or dangerous driving causing death, provided that at the time of the occurrence the rider is 21 years of age or more.

The insurer will only pay these legal costs if they relate to an incident which is covered under this section.

Towing

Under this section the insurer will insure you on a Third Party Only basis whilst your bike is towing a trailer.

The insurer will not pay any claim arising from the following: • damage to or loss of the towed trailer

• damage to or loss of any property being carried in or on the towed trailer • a trailer being towed for reward

• if more than one trailer is being towed at any one time

• any damage or loss to a trailer whilst not connected to the bike. Exceptions to Section 2

The cover under this section will not apply:

• if any person insured under this section fails to observe the terms exceptions and conditions of this policy. The cover will also not apply if they can claim under another policy

• to death or injury to any employee of the person insured which arises out of or in the course of such employment except where such liability is required to be covered by the Road Traffic Act

• to loss of or damage to property belonging to or in the care of anyone the insurer insures who claims under this section, and to property being transported by your bike

• in respect of damage to any bike where cover in connection with the use or riding of the bike is provided on a third party extension by this policy

• death or bodily injury to any person or damage to property caused by pollution or contamination unless the pollution or contamination is directly caused by a sudden identifiable, unintended and unexpected incident during the period of insurance. The insurer will treat all pollution and contamination arising from one incident as having happened at the time of the incident. This exception does not apply when the insurer is obliged to make any payments under any compulsory motor insurance legislation

• for fines, penalties, punitive exemplary or aggravated damages of any kind or any additional damages resulting from the multiplication of compensatory damages

• where liability for any claim or series of claims for loss or damage to property caused by one event exceeds £20,000,000, the most the insurer will pay for costs and expenses arising from damage to property is £5,000,000 for any claim or claims arising out of one incident • any liability, loss or damage arising directly or indirectly from acts of terrorism unless the

insurer needs to provide the minimum insurance needed under the Road Traffic Act.

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SECTION 3

SECTION 4 PAYMENTS

Payments made under compulsory insurance regulations and rights of recovery If the law of any country in which this policy operates requires the insurer to settle a claim which, if this law had not existed, the insurer would not be obliged to pay, the insurer reserves the right to recover such payments from you or from the person who incurred the liability.

EMERGENCY TREATMENT

The insurer will reimburse any person using any bike which is covered under this policy for payments made under the Road Traffic Act for emergency treatment. A payment under this section will not prejudice your no claims discount.

SECTION 5 FOREIGN USE

Foreign use/compulsory insurance requirements

What is covered under this section?

The insurer will cover your legal liability to others while you or any rider noted on the certificate of motor insurance is using the bike within the European Union and any other country which has agreed to follow the EU Motor Insurance Directive (number 2009/103/EC). You do not need an International Motor Insurance Card (Green Card) for visits to these countries as the legal evidence of this cover is shown on the reverse of your certificate of motor insurance.

Further information on the countries that follow the above EU Directive can be found by visiting www.mib.org.uk.

The insurer will also provide the cover shown on your policy schedule for up to 90 days in any period of insurance while you are using the bike within the countries referred to on your certificate of motor insurance.

The insurer will also pay customs duty if the bike is damaged and the insurer decides not to return it after a valid claim on the policy.

Cover also applies while the bike is being carried between sea or air ports or railway stations within these countries, as long as this travel is by a recognised sea, air or rail route.

SECTION 6

Current years NCD Your NCD years at renewal if no fault claims Your NCD years at renewal if one fault claim Your NCD years at renewal if two fault claims Your NCD years at renewal if more than two fault claim 1 2 3 4 5 6 7 8 9 9 0 0 0 1 2 3 3 3 3 3 0 0 0 0 0 1 1 1 1 1 0 0 0 0 0 0 0 0 0 0 0 1 2 3 4 5 6 7 8 9

Cover only applies where your bike is taxed and registered within the UK and your main permanent home is within the UK.

What is NOT covered under this section?

If your certificate of motor insurance allows you to ride any other bike, that cover does not apply outside of the territorial limits.

NO CLAIMS DISCOUNT

If you do not make a claim during the period of insurance, the insurer will increase your no claims discount (NCD) in line with the scale shown below.

If you do make a claim during the period of insurance, your no claims discount will be reduced at the next renewal date in accordance with the scale shown above. The following will not affect your no claims discount:

• payments made under Emergency treatment (Section 4) of this policy document • claims where you were not at fault, as long as the insurer has recovered all that the

insurer has paid from those who were responsible.

Your no claims discount cannot be transferred to another person or used on more than one policy at the same time.

No claims discount scale

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You should note any change in the level of your no claims discount is no guarantee that your premium will not rise.

No Claims Discount Protection

Where you have paid an additional premium to protect your no claims discount and this is shown in the policy schedule, this means that provided that you have no more than 2 claims in any 5 year period, your entitlement to a no claims discount will be unchanged and your no claims discount will not be reduced in accordance with the scale shown above. If you make 2 claims in any 5 year period your no claims discount protection will end.

For the third and any subsequent claims, your no claims discount will be reduced in line with the scale shown above.

This benefit only applies to your no claims discount. It does not protect the premium you pay and the insurer may take account of your claims history when calculating your premium.

SECTION 7 GENERAL EXCEPTIONS

AND GENERAL CONDITIONS

General Exceptions

Your policy does not cover the following:

• any accident, injury, loss or damage while any bike insured under this policy is being: a) used otherwise than for the purposes described under the “Limitations as to Use”

section of your certificate of motor insurance

b) ridden by any person other than as described under the section of your effective certificate of motor insurance headed “Persons or Classes of Persons entitled to ride” c) ridden by you or permitted riders unless you or they hold a licence to ride your bike d) ridden by you or permitted riders if you have never held a licence and/or are

disqualified from holding or obtaining such a licence

e) ridden by anyone else with your general consent who, to your knowledge, does not have a licence to ride your bike, has never held one or is disqualified from holding or obtaining such a licence

f) ridden by, or is in the charge of for the purpose of being ridden by any person to whom your bike has been hired

g) ridden by or in the charge of any person who holds a provisional driving licence and does not keep to the conditions of that licence

• any liability you have accepted under an agreement you have entered into that would not have existed in the absence of that agreement

• loss or destruction of, or damage to any property whatsoever, or any loss or expense whatsoever, or any losses that neither you nor the insurer could reasonably have expected to foresee when you took out this policy and which are not covered by any breach of this policy by the insurer, or arising from:

a) ionising radiation or contamination by radioactivity from an irradiated nuclear fuel or from any nuclear waste from the combustion of nuclear fuel

b) the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof

• any consequence of war, invasion, act of foreign enemy hostilities (whether war be declared or not), civil war rebellion, revolution, terrorism (or equivalent legislation in any other country), insurrection of military or usurped power except so far as is necessary to meet the requirements of the Road Traffic Act

• any accident, injury, loss or damage (except under Section 2) arising during or in consequence of:

a) earthquake

b) riot or civil commotion occurring elsewhere than in the territorial limits

• legal liability arising out of any judgement in any court outside the territories to which your policy applies, unless it is from a court within a country which the insurer had allowed the bike to be used in

• while the bike is in or on that part of an aerodrome, airport, airfield or military base provided for the take-off or landing of aircraft and for moving aircraft on the surface; or aircraft parking aprons including the associated service roads, refuelling areas and ground equipment parking areas.

General Conditions

If you pay your premium by instalments under a credit agreement you must pay each instalment when it is due. The insurer will also reserve the right to take the outstanding debt into account in settlement of any claim made under the policy. If you miss an instalment and do not pay it within the time stated in the letters you receive, you will have to pay all the money you owe along with any charges. If Bennetts do not receive this payment by the date shown in the letters sent to you by your premium credit suppliers, Bennetts will cancel this policy by giving you seven days’ notice in writing. Bennetts may refund part of your premium depending on the time you have received insurance cover.

If at the time of any claim arising under this policy there is any other insurance policy covering the same loss, damage or liability, the insurer will only pay their share of the claim, this provision will not place any obligation upon the insurer to accept any liability under Section 2 which the insurer would otherwise be entitled to exclude under Section 2 Exception 1. You shall at all times take all reasonable steps to safeguard your bike from loss or damage. You shall maintain your bike in an efficient roadworthy condition and the insurer shall have, upon request, free access to examine such bike and trailer.

You or the person who caused the accident must also repay the insurer any money the insurer had to pay because of any agreement with the Motor Insurer’s Bureau.

The Insurer’s provision of insurance under this policy is conditional upon you observing and fulfilling the terms, provisions, conditions and endorsements of this policy.

If any claim is in any way fraudulent or if you or anyone acting on your behalf has used any fraudulent means, including inflating or exaggerating the claim or submitting forged or falsified documents, the policy will be cancelled and the claim will not be paid.

Bennetts biking services will hold insurance premiums received from customers and claims money and premium refunds received from insurers as an agent of the relevant insurer.

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SECTION 8 MAKING A CLAIM

To report a claim please call the Bennetts Claims helpline on 0800 975 9166. Please ensure you provide the following information:

• date, time and description of the incident

• details of any third party involved including name, address, vehicle registration, their insurer and policy number

• name and address of any witnesses

• if the Police were in attendance, the incident reference number • your policy number.

In the event of a claim on your policy, your insurer will be responsible for the claim. Your insurer may delegate the management of the claim to the Bennetts Claims Team who will act on behalf of your insurer.

As soon as reasonably possible after any accident, injury, loss or damage, you or your legal personal representatives must give the insurer full details of the incident. Any communication you receive about the incident should be sent to the insurer immediately unanswered. You or your legal personal representatives must also let the insurer know immediately if anyone insured under this policy is to be prosecuted as a result of the incident or if there is to be an inquest in connection with/to a fatal accident.

You or anyone else claiming under this policy, must not admit liability for any incident, promise any payment or refuse any claim without the insurer’s written consent. The insurer can take over and conduct in your name, or in the name of the person claiming under the policy, the defence or settlement of any claim or take proceedings for the insurers own benefit to recover any payment the insurer may have made under this policy. The insurer shall have full discretion in the conduct of any proceedings or the settlement of any claim. The person who is seeking payment under this policy shall give the insurer all the information and assistance necessary to achieve a settlement.

What Are Uninsured Losses?

These are losses not covered by your policy such as, but not limited to your policy excess, loss of earnings, personal injury damages or vehicle hire charges. Other losses include your bike repair costs, medical fees, compensation of the loss of use of your bike, damage to personal belongings, vehicle recovery, storage charges and out of pocket expenses.

SECTION 9 ADDITIONAL INFORMATION

Cancelling your policy

How to cancel your policy

You must contact us if you wish to cancel your policy. Our contact details are on the reverse of your certificate of motor insurance. We will cancel your policy either from the date you contact us, or from any later date you specify. The policy cannot be cancelled from an earlier date. If you are paying your premiums by instalments, you must still pay us any balance of premium due for time on cover, for example if you pay on the 1st of the month and cancel on the 18th you need to pay for the 18 days cover. Cancelling any Direct Debit instruction does not mean you have cancelled the policy. You will still need to follow the instructions above. In the event of cancellation, a cancellation fee as shown in the “About our insurance services” document, will apply.

Cancellation by you within the first 14 days

If you cancel your policy within 14 days of the date you receive your policy documents we will refund a percentage of the premium calculated on a daily pro-rata basis equivalent to the period of cover left unused, unless you have made a total loss claim in which case no refund of premium will be given and all premiums would be due.

Cancellation by you after the first 14 days

If you cancel your policy after the 14 day period, we will refund a percentage of the premium calculated on a daily pro-rata basis equivalent to the period of insurance left unused providing no claims have been made. If a claim has been made, or there has been an incident which may lead to a claim, no refund of premium will be given and all premiums would be due.

Where your insurer cancels your policy

Your insurer reserves the right to cancel your policy when there is a valid reason to do so. Valid reasons include, but are not limited to:

• you provide Bennetts with false or incomplete information

• you make a change to your information which renders the risk no longer acceptable for your insurer to cover

• you act in a fraudulent manner

• you fail to supply requested validation documents (proof of no claims discount, driving licences, vehicle registration docs etc.).

Where your insurer cancels Bennetts will provide seven days’ prior written notice to your last known address unless your insurer is required to cancel earlier. If we cancel your policy we will refund a percentage of the premium calculated on a daily pro-rata basis equivalent to the period of insurance left unused, providing no claims have been made. If a claim has been made, or there has been an incident which may lead to a claim, no refund of premium will be given and all premiums would be due.

Fees and Charges

For full details of fees and charges relating to this policy including fees that apply when cancelling your main policy and any additional products, please refer to your “About our insurance services” document.

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Automatic Renewal

This section only applies if you pay by Direct Debit, Credit Card or Visa Delta card. We will contact you before the end of the policy with your renewal offer. To ensure you stay covered and to save you time, your policy including any optional products taken will automatically renew unless you contact Bennetts after you receive your renewal offer. To opt out of the automatic renewal process call Customer Services on 0344 412 2171.

If you have set up a continuous payment authority, we will use this to take any further payments that become due on your policy at renewal. We will always notify you of the payment in advance and you can cancel your continuous payment authority at any time by contacting us.

Changes to your policy

Please notify Bennetts about the following by calling Customer Services on 0344 412 2171. If you require cover for a different or an additional bike to that shown in the policy schedule during the policy term, or at renewal:

• of a change in the main user of the bike or any named rider

• motoring convictions (driving licence endorsements, fixed penalties or pending prosecutions for any motoring offences) for any of the people insured, or to be insured

• criminal convictions for any of the people insured, or to be insured • a change of bike

• any bike modifications (please refer to further information on page 8) • any change affecting ownership of the bike

• any change in the way that the bike is used.

When we are notified of a change, we will tell you if this affects your policy, for example whether we are able to accept the change and if so, whether the change will result in revised terms and/or premium being applied to your policy.

Service Standards

Bennetts aim to provide a high level of service to all our customers but occasionally things can go wrong, when this happens Bennetts will do everything it can to put things right.

Complaints Procedure

If you have a complaint about Bennetts service or the administration of your policy, please contact Bennetts in the first instance by phoning Customer Services on 0344 412 2171. If you are dissatisfied with the service you have received regarding a claim or feel that a wrong decision has been made, please contact Bennetts in the first instance who will contact the insurer on your behalf to resolve your complaint.

Bennetts will aim to resolve your complaint over the phone within 24hrs. If your complaint is not resolved to your satisfaction within 24 hours, Bennetts will send you a written acknowledgement of your complaint together with the next steps Bennetts will be taking to resolve it. If you prefer to put your complaint in writing please send it to the Bennetts Customer Relations Manager, The Saga Building, Middelburg Square, Folkestone, Kent, CT20 1AZ

Next Steps

In the unlikely event that your complaint remains unresolved four weeks after being made, Bennetts will send you either our final response or a letter explaining why Bennetts are not yet in a position to resolve your complaint and advise you when Bennetts will be in contact again.

If after eight weeks of making your complaint Bennetts are still not in a position to issue you with a final response Bennetts will send you a letter explaining the reason for the delay and advise you of your right to complain to the Financial Ombudsman Service.

If following Bennetts final response your complaint has not been resolved to your satisfaction, you may refer your complaint to the Financial Ombudsman Service within six months of receiving the final response letter. The address is Exchange Tower, London, E14 9SR. Their website is www.financial-ombudsman.org.uk and their telephone number is 0800 023 4567 or if calling from a mobile or a non BT landline then the telephone number is 0300 123 9123. Compensation

The insurer is covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the scheme if the insurer cannot meet their obligations. Claims for compulsory insurance, such as third party motor insurance, are covered in full. Any claims made to the Financial Services Compensation Scheme for non-compulsory (optional) insurance, such as damage to the insured bike, and for any unused premium, are covered up to 90% of the value of the claim submitted. You can get more information from the Financial Services Compensation Scheme at www.fscs.org.uk or by calling 0207 741 4100, or write to Financial Services Compensation Scheme,10th Floor, Beaufort House,15 St Botolph Street, London, EC3A 7QU.

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MOTOR LEGAL PROTECTION POLICY

This cover is applicable only if the Schedule shows that Motor Legal Protection cover is included. The Motor Legal Protection Policy provides 4 independent sections of cover.

Section 1 - Uninsured Loss Recovery.

Section 2 - Replacement Vehicle and Vehicle Repair. Section 3 - Motor Prosecution Defence.

Section 4 - Motor Legal Helpline.

The High Level Summary of Cover is shown below and you will find the Detailed Policy Wording on the following pages.

High Level Summary of Cover

This details the high level summary for each section of your Motor Legal Protection Policy. How to make a claim

Sections 1 and 2 - To make a claim under sections 1 and 2 of this Motor Legal Protection Policy please call our claims line 0800 975 9166, 24 hours a day 365 days a year.

Sections 3 and 4 - To make a claim under sections 3 and 4 of this Motor Legal Protection Policy please call our claims line 0844 854 9818, 24 hours a day 365 days a year.

Uninsured loss recovery

What is covered under this section of the policy?

If you have had an accident that wasn’t your fault, we can instruct a solicitor to act on your behalf and attempt to claim compensation for your uninsured losses including any personal injury. This section provides cover for your legal expenses incurred in pursuing your claim. What are uninsured losses?

These are losses which you, your driver or passengers incur as a result of an accident which was not their fault that are not covered under any insurance policy. Losses can include your policy excess, loss of earnings, compensation for any injuries or vehicle hire charges. Other losses could include your vehicle repair costs, medical fees, compensation for the loss of use of your vehicle, damage to personal belongings, vehicle recovery, storage charges and out of pocket expenses.

ADDITIONAL

POLICY OPTIONS

Significant features and limitations of this section of the policy • Cover is provided up to a maximum of £100,000 for legal expenses. • Any claims must be reported within 180 days of the accident.

• The identity of the third party must be known and they must have held valid motor insurance at the time of the accident.

• There must be reasonable prospects of success against the third party.

• The estimated legal costs for the claim must not exceed the estimated value of the claim.

Replacement vehicle and vehicle repair

In addition to the cover provided under this policy, if you have had an accident that wasn’t your fault, you may be entitled to an alternative hire vehicle that may be an equivalent type to your own whilst yours is off the road and we may be able to arrange to have your vehicle repaired and provide you with up to 12 months interest free credit on the repairs made. Significant features and limitations of this section of the policy

• The cover under this section is only available in England, Wales, Scotland, Northern Ireland and Isle of Man.

• Any replacement vehicle is subject to the terms and conditions of the replacement vehicle provider.

• Any claims must be reported within 14 days of the incident. Motor prosecution defence

If you are facing suspension or disqualification of your driving licence, we can instruct a solicitor to act on your behalf. This section provides cover for your legal expenses incurred in defending your legal rights.

Significant features and limitations of this section of the policy

• Cover is provided up to a maximum of £20,000 for legal expenses.

• Cover is provided if you are facing suspension or disqualification of your driving licence. • There must be reasonable prospects of avoiding a suspension or disqualification. • Cover does not include any fines and penalties.

• Cover excludes any charges relating to alcohol and/or drugs. Motor legal helpline

If you require legal advice relating to a motoring issue, our helpline is here to assist. Significant features and limitations of this section of the policy

• Provision of advice on motoring legal problems.

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Detailed Policy Wording

This details the full policy wording for each section of your Motor Legal Protection Policy.

Definitions

Each of the words or phrases listed below will have the same meaning wherever they appear in bold in this Motor Legal Protection Policy:

ACM

Means ACM ULR Limited, whose role is to administer this policy. Alternative Hire Vehicle

Means a vehicle provided to the insured under a credit hire agreement. Claim

Means a civil claim for damages for any uninsured loss arising out of an insured event. Conditional Fee Agreement / Damages Based Agreement

An agreement between you and the solicitor which sets out the terms under which the solicitor will charge you for their own fees.

Court

Means a court or tribunal in the United Kingdom (excluding the Isle of Man and the Channel Islands) where the litigation is proceeding.

Insured

The person, firm or company to whom this policy has been issued and who has paid the premium.

Insured Event

Means a road traffic accident arising from the negligence of a third party. Insured Liability

Your legal obligation to pay third party costs, own solicitor’s costs and own disbursements which we have agreed to provide cover for up to the limit of indemnity.

Insured Vehicle

The motor car, motorcycle or commercial vehicle specified in the underlying policy of motor insurance taken out by the insured, including any caravan, sidecar or trailer properly constructed to be towed by such a vehicle and attached to it by normal means.

Legal Costs and Expenses

Solicitor’s costs and expenses incurred in defending the legal rights of the insured. Limit of Indemnity

Is the maximum sum that the underwriter will pay in total in respect of your insured liability in relation to the litigation subject always to the maximum amount of £100,000.

Litigation

All work reasonably undertaken by the solicitor to pursue your claim and work to have been undertaken with the approval of the underwriter and subject to the jurisdiction of the court.

Motor Vehicle Insurance Policy

Means the vehicle insurance policy issued to the insured in compliance with the Road Traffic Act. Order

Means an order made by the court in connection with the litigation. Own Disbursements

Means your liability for the following, reasonably and proportionally incurred, expenses for: Medical records, DVLA search fees, police accident report, experts reports, court fees, witness expenses and such other fees required for the proper advancement of the litigation as we agree.

Own Solicitor’s Costs

The reasonable and proportionate but irrecoverable costs incurred by the solicitor on a standard basis which you have to pay but excluding any percentage uplift applied to those costs under any conditional fee agreement or any fee charged based on a percentage of the damages you recover under a damages based agreement.

Period of Insurance

Means the period during which the motor vehicle insurance policy is in force. Prospects of Success

The reasonable prospects, which are considered to be a 51% or better, of making a successful recovery from the third party and where your claim outweighs your own solicitor’s costs and your own disbursements of pursuing the claim.

Solicitor

The appropriately qualified lawyer or legal representative appointed to act on behalf of you. Special Territorial Limits

Means England, Wales, Scotland, Northern Ireland and Isle of Man. Territorial Limits

Means countries in the EU, EEA, Andorra, Isle of Man, Channel Islands and Switzerland. Third Party

Means the other person and/or party responsible for the insured event, excluding you. Third Party Costs

Third party legal fees, disbursements and expenses which you are ordered to pay by a Court or which, with our approval, you:

a) agree to pay; or

b) become liable to pay by making or accepting an offer under Part 36 of the Civil Procedure Rules; or

c) become liable to pay as a result of rejecting a Part 36 offer but then going on to recover less than the offer, provided that such rejection was in accordance with the advice of your Solicitor and agreed by us; or

d) become liable to pay by discontinuing the Litigation under Part 38 of the Civil Procedure Rules.

Underwriter

AmTrust Europe Limited, who underwrites Section 1 and Section 3 of this motor legal protection policy.

Uninsured Loss

Means any loss sustained by you arising out of an insured event where such loss is recoverable from the insurers of the third party.

We, Us, Our

Means ACM and/or the underwriter where appropriate. You/Your

The insured and any authorised driver of or passenger carried in or on the insured vehicle, or their legal representatives in the event of death.

Reference to any statute or statutory provision and orders or regulations thereunder shall include a reference to that provision, order or regulation as amended, re-enacted or replaced from time to time whether before or after the policy commencement date.

Words importing the singular shall include the plural and vice versa and references to persons include bodies corporate or unincorporated. Words importing any gender shall include all genders.

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If any term, condition, exclusion or endorsement or part thereof is found to be invalid or unenforceable the remainder shall remain in full force and effect.

The headings in this policy are for reference only and shall not be considered when determining the meaning of this policy.

UNINSURED LOSS RECOVERY

This section is underwritten by AmTrust Europe Ltd and administered by ACM ULR Limited. 1. What is covered

1.1 The Underwriter will indemnify you against your insured liability for any claim against a third party arising from or out of:

a) uninsured loss – Any financial losses you suffer as a result of an insured event and which you are not insured for under any other policy of insurance

b) personal Injury – your death or personal injury suffered as a result of an insured event. 1.2 The underwriter will indemnify you against your insured liability in relation to the

above, subject to:

• the insured event taking place within the territorial limits and within the period of insurance;

• the litigation having prospects of success;

• the maximum sum we pay not exceeding the limit of indemnity; and • the terms and conditions of this policy.

2. What is not covered

In addition to the points listed below, please read paragraph 2 ‘What is not covered’ of the General Terms and Conditions.

2.1 Any third party costs, own solicitor’s costs and own disbursements incurred prior to our confirmation of indemnity being granted to you under this policy.

2.2 Any appeal against any order made in the litigation.

2.3 Own solicitor’s costs to the extent that the hourly rate of a solicitor chosen by you exceeds the rates set out in our Non-panel Solicitor Terms and Conditions.

2.4 Any claim where the third party cannot be traced or does not hold valid motor insurance at the time of the accident.

2.5 Any claim not reported to us within 180 days of the occurrence of the insured event. 2.6 Any claim or counter claims made against you by the third party.

2.7 Any legal proceedings dealt with by a court or other body, outside the United Kingdom and/or to which we have not agreed.

3. General conditions Conduct of the litigation

3.1 We can attempt to settle your claim arising from the insured event prior to the appointment of a solicitor or the start of litigation.

3.2 We can take over conduct of the litigation at any time in your name.

3.3 We can issue court proceedings for the underwriter’s benefit in your name to recover any payments we or the underwriter have made under this policy.

3.4 We may at our discretion discharge all liabilities to you by paying a sum equal to the losses claimed subject always to such sum not exceeding the limit of indemnity. 3.5 Where proceedings are to be commenced in respect of an insured event occurring

within the territorial limits and outside of the United Kingdom, the solicitor shall initiate proceedings within the courts of the United Kingdom only.

Your obligations

3.6 You must report all claims to us without delay and not later than 180 days after the insured event.

3.7 For claims being decided by a court in England and Wales, you will be required to enter into a conditional fee agreement with the solicitor under which if you lose your claim you will not be required to pay their fees, provided you have complied with the terms and conditions of the conditional fee agreement.

3.8 The litigation must be conducted in a manner such that your insured liability is reasonable and proportionate to your claim.

3.9 You must co-operate with us at all times and forward any communications received in connection with an insured event to us without delay and supply us with any information we require.

3.10 You must co-operate with the solicitor including giving such instructions as we require and keep the solicitor and us fully informed of any developments or material changes in circumstances that may affect the progress or settlement of the litigation.

3.11 You must advise us immediately of any offers of payments to settle the litigation. 3.12 You must not accept any offer of payment or enter into settlement negotiations without

our express agreement.

3.13 You must co-operate fully with us to assist us to recover any payments we have made on your behalf in respect of your insured liability.

3.14 You must adhere to the terms and conditions of this policy at all times. If you make any claim under this policy which is fraudulent or false or where there is collusion between you and the third party or any witness this policy shall be declared void and shall no longer apply.

3.15 You must not act dishonestly, exaggerate or otherwise attempt to mislead us, your solicitor or anyone else in relation to your claim and if you do so then this policy shall be declared void and shall no longer apply.

4. Representation

4.1 We have the right to make investigations into the case.

4.2 Where appropriate we will pass the claim to a solicitor to be dealt with. They will be instructed in your name and may negotiate and settle the claim for losses arising from the insured event on your behalf.

4.3 Where court proceedings are necessary or where it is otherwise required, the legal representative will be a solicitor chosen by us. If you wish to appoint your own solicitor you must notify us in writing and provide details of the firm and the individual solicitor at that firm that you intend to instruct. We will make contact with the individual solicitor to obtain written confirmation of their qualifications and expertise. The solicitor must sign our Non-panel Solicitor Terms and Conditions and they will be under a duty to minimise the costs of any litigation.

SECTION 1

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4.4 Once your chosen solicitor has signed our Non-panel Solicitor Terms and Conditions, they will become the solicitor subject to the terms and conditions of this policy and our Non-panel Solicitor Terms and Conditions. You must not change the solicitor without our prior written consent, such consent not to be unreasonably withheld. This condition is subject to your rights under regulation 6 of the Insurance Companies (Legal Expenses Insurance) Regulations 1990, where applicable.

5. Terms applicable to own solicitor’s costs and own disbursements

5.1 We shall only be liable to pay own solicitor’s costs and own disbursements after the conclusion of the litigation.

5.2 We shall only be liable to pay own solicitor’s costs and own disbursements to the extent that you do not recover own solicitor’s costs and own disbursements from the third party following a detailed or summary assessment or as part of any settlement which is attributed by the settlement agreement or order as to own solicitor’s costs and own disbursements.

5.3 Any insured liability for own solicitor’s costs and own disbursements is subject to the following conditions:

• it is necessary to incur own solicitor’s costs and own disbursements in order to proceed with your case and the costs are reasonable and proportionate in amount; • where own solicitor’s costs and own disbursements represent payment for the work of others (such as, but not limited to, expert witnesses), the work is monitored by your solicitor as it is carried out in order to ensure that it is necessary to proceed with the case and the costs are reasonable and proportionate in amount;

• you will repay any insured liability for own solicitor’s costs and own disbursements if we pay them and they are subsequently recovered by you from the third party; • we shall not be liable to indemnify you for VAT on any insured liability if and to

the extent that the VAT can be recovered;

• you will not be entitled to indemnity if, without the underwriter’s approval, you conclude a settlement with the third party or discontinue the litigation on terms which preclude your recovery of own solicitor’s costs and own disbursements; and • in the event of you appointing your own solicitor we will only be liable to pay

own solicitor’s costs at the rate set out in our Non-panel Solicitor Terms and Conditions. If the chosen solicitor charges an hourly rate in excess of the rate set out in our Non-Panel Solicitor Terms and Conditions you will be solely responsible for the shortfall.

6. Dual insurance

6.1 If you have another policy of legal expenses insurance that provides cover for your claim and litigation, we will only cover our proportionate share of the claim and litigation assuming that the other policy of legal expenses insurance had paid out in full. 7. Disputes

7.1 If we do not initially think there is a reasonable prospect of success, we will, at your request, pay for your claim to be reviewed by us, for a period of up to 3 hours to reassess the prospects of success.

7.2 Any dispute between you and us in relation to your claim and/or litigation, that has not been resolved as part of the complaints procedure within the customer satisfaction section, shall be referred to a single arbitrator who shall be a barrister mutually agreed upon by you and us or, failing agreement, appointed by the Bar Council. The arbitration shall take place in London and shall take the form of written and/or oral submissions (at

the discretion of the arbitrator). The decision of the arbitrator shall be final and binding. The arbitrator shall have the power to award costs (including his fee for conducting the arbitration) and any costs payable by you shall not be recoverable under this policy.

REPLACEMENT VEHICLE AND VEHICLE REPAIR

This section is administered by ACM ULR Limited.

1. What is covered

1.1 In addition to the cover provided by this policy, if the damage to the insured vehicle occurs within the special territorial limits, we may be able to offer the following additional services, independently from this policy:

• we may be able to obtain an alternative hire vehicle of an equivalent type, pending repair or replacement of the insured vehicle, if the damage prevents the insured vehicle from being driven and is caused by the negligent or wilful act of a third party who has the benefit of valid motor insurance and provided we have identified the third party and their insurers

• if the damage to the insured vehicle is caused by the negligent or wilful act of a third party who has the benefit of valid motor insurance then, provided we have identified the third party and their insurers and the insured vehicle can be repaired, we may be able to arrange to have the insured vehicle repaired and to provide you with up to 12 months interest free credit on the repairs made. 2. General conditions

2.1 You must report the damage to the insured vehicle to us within 14 days of the incident. 2.2 Provision of the alternative hire vehicle is subject to the terms and conditions of the

provider of the alternative hire vehicle. These are available from the provider at the time the alternative hire vehicle is provided or can be obtained from ACM on request. 2.3 You must provide any assistance required by ACM or any such representative in

connection with the recovery of any costs incurred in connection with the provision of an alternative hire vehicle from any third party at fault in connection with the incident giving rise to the damage to the insured vehicle, including permitting ACM or any such representative to take proceedings in your name and/or assigning any rights against any such third party to ACM or its representative.

2.4 The alternative hire vehicle provided will be a manual transmission vehicle unless your driving licence only permits you to drive an automatic transmission vehicle in which case an automatic transmission vehicle will be provided.

2.5 You must produce your original full valid driving licence and disclose any driving penalty notices or convictions before an alternative hire vehicle will be provided.

2.6 You must provide valid credit or debit card details before an alternative hire vehicle will be provided.

2.7 You will be responsible for any fuel costs, fares, fines and fees.

2.8 You must pay a security/fuel deposit when an alternative hire vehicle is provided. This is refundable on return provided the alternative hire vehicle is free from damage and has the same amount of fuel as when provided.

SECTION 2

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Policy Document A230/11/15/FCA _Bennetts_Policy Document_S5.indd 2 18/12/ :46

Policy Document

CONTENTS

KEY CONTACTS

WELCOME

TO BENNETTS

REPORTING AN INCIDENT

INFORMATION YOU GIVE US

DEFINITIONS RELATING TO YOUR POLICY

CONTRACT AND USE

L

MODIFICATIONS

SECTION 1

LOSS OR DAMAGE

SECTION 2

LIABILITY TO THIRD PARTIES

SECTION 3

SECTION 4

PAYMENTS

EMERGENCY TREATMENT

SECTION 5

FOREIGN USE

SECTION 6

NO CLAIMS DISCOUNT

SECTION 7

GENERAL EXCEPTIONS

AND GENERAL CONDITIONS

SECTION 8

MAKING A CLAIM

SECTION 9

ADDITIONAL INFORMATION

MOTOR LEGAL PROTECTION POLICY

ADDITIONAL

POLICY OPTIONS

UNINSURED LOSS RECOVERY

SECTION 1

REPLACEMENT VEHICLE AND VEHICLE REPAIR

SECTION 2